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16-57   PUBLIC NUISANCE PROPERTIES.
16-57.1   Purpose.
   The purpose of this Section is to empower the city to Police properties that have become a public nuisance by exhibiting a notorious atmosphere of criminal and other disturbing activity so elevated as to endanger the common good and general welfare of a specific neighborhood or the city in general.
(CBC 1985 16-57.1; Ord. 2011 c. 10)
16-57.2   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   PROBLEM PROPERTY. Meets the following criteria:
      (1)   The Boston Police Department has been called to the property not fewer than four times within the preceding 12-month period for any incident involving any criminal offense including, but not limited to, disturbing the peace, trespassing, underage drinking or assault;
      (2)   The Air Pollution Control Commission has received not fewer than four sustained complaints for noise within the preceding 12-month period; or
      (3)   The Inspectional Services Department or the Public Health Commission have received not fewer than four sustained and upheld complaints within the preceding 12-month period for noxious, noisome or unsanitary conditions. Provided, however, that in making a final designation of a property as a PROBLEM PROPERTY, the Chair of the Task Force shall take into consideration the nature of the complaints, the number of dwelling units at the property and the nature of the use of said property.
   PUBLIC NUISANCE. An unreasonable interference with a right common to the general public, such as a condition dangerous to health, offensive to community moral standards or that otherwise threatens the general welfare of a neighborhood or the city in general through documented pervasive criminal activity, code violations or other causes precipitating the deployment of any city resource.
(CBC 1985 16-57.2; Ord. 2011 c. 10)
16-57.3   Application.
   Any property in the city that is found by the Mayor’s Problem Properties Task Force to be a problem property as defined in Subsection 16-57.2 shall constitute a public nuisance. The Chair of the Task Force shall formally communicate to the Mayor, and the Council President, that a property falling within the definition of problem property is a public nuisance. The Chair of the Task Force shall designate the appropriate member of the Task Force to notify the owner of the property by regular and certified mail and the tenants by affixing a notice of the violation to the front door.
(CBC 1985 16-57.3; Ord. 2011 c. 10)
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